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2025 DAILYLAW 30654 (ALL)

RAHUL SRIVASTAVA AND 2 OTHERS v. STATE OF UP THRU PRINCIPAL SECRETARY AND OTHERS

TACR/150/2025 · 2025-03-17

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38316 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 150 of 2025 Applicant :- Rahul Srivastava And 2 Others Opposite Party :- State Of Up Thru Principal Secretary And Others Counsel for Applicant :- Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 447 of B.N.S.S. for transfer of Criminal Case No.14841 of 2024; titled : State Vs. Rahul Srivastava & Others, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, pending before the learned CJM, Bareilly to the competent court of jurisdiction at Lucknow. During the course of hearing, it is not disputed by learned counsel that at Bareilly two cases filed by the opposite party no.2-wife are pending adjudication i.e. a case under Domestic Violence Act bearing Case No.937; titled : Shubhi Saxena vs. Rahul Srivastava and others and the present case bearing Criminal Case No.14841 of 2024. Concededly, after submission of the charge-sheet under section 173(2) Cr.P.C. on 08.08.2024 in the subject case, neither the applicants have been extended the concession of bail nor they have ever appeared before the trial Court pursuant to the cognizance order dated 25.09.2024 passed by the trial Court. That apart, seeking transfer of only one case does not otherwise appeal to prudence, therefore, no ground is made out for transfer of Criminal Case No.14841 of 2024. The application is dismissed. Order Date :- 18.3.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad